Special offer

Buying the next house first and then short sale the current one? Isn't that mortgage fraud?

By
Real Estate Agent with Alain Pinel BRE 01367196

When I resumed answering questions on Trulia, I was bothered by the seemingly growing number of people who are asking about doing a short sale, and then buying another house.,,, or just walking away.

Isn't a short sale justified because the property owner truly has a financial hardship? So how can he afford to buy another house, and pay cash for it? Wouldn't that be called mortgage fraud?

Check out these questions/answers, and chime in....and see what real estate professionals are saying

Hendersonville NV http://www.trulia.com/voices/Foreclosure/So_is_it_better_I_shortsale_my_house_first_since_-269027

 One professional's advice was "You should buy your new house first and move into it. Then you should short sale the house you are currently living in, once it is vacant."

Gainesville FL

http://www.trulia.com/voices/Home_Buying/Can_I_short_sell_my_home_and_then_buy_a_cheaper_ho-268980

Manteca CA

http://www.trulia.com/voices/Foreclosure/Should_I_just_walk_away_-26715

Comments(9)

Stanley Stepak
Howard Hanna - Avon Lake, OH - Avon Lake, OH
Realtor - Avon Lake, Avon, Bay Village, Westlake,

I have heard lawyers advising their clients in bankruptcy to do the same

Feb 18, 2011 03:58 PM
Janna Scharf
Keller Williams Realty Coeur d'Alene - Coeur d'Alene, ID
Coeur d'Alene Idaho Real Estate Expert

Strategic default has become commonplace, with sellers first buying a new home before letting their old home go into foreclosure.  Never heard of that in a short sale situation.  It makes no sense because a short sale wouldn't be approved if everything was on the up and up...

Feb 18, 2011 09:04 PM
Peggy Hughes/pha logistix, inc.
pha logistix inc - San Francisco, CA
SF NYC LA

Pacita... doesn't sound like it's on the up and up to me.  Someone is not doing the right thing! And, since many consumers are checking out information online, when they read something like this - they feel like it is correct information - which just dilutes their moral compass.  Wish it wasn't so.

Feb 19, 2011 02:51 AM
John Saari
Worcester, MA
"The Mortgage Buddy"

This is going to be a topic for the next year for sure. How they trace back title, NOTE and Mortgage transfers. Legislation will soon follow I'm sure.

Feb 19, 2011 03:00 AM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Pacita, Classic. The agents are shooting themselves in the foot by posting their ignorance on the Internet. Unfortunately, I am seeing more and more people wanting to strategically create a hardship, default, and then short sale.

Feb 19, 2011 03:55 AM
Donne Knudsen
Los Angeles & Ventura Counties in CA - Simi Valley, CA
CalState Realty Services

Pacita - I am seeing more and more unethical behavior by homeowners regarding this exact topic.  Furthermore, I couldn't believe that one short sale specialist advising the homeowner to engage in unethical conduct.  Despicable!

Feb 19, 2011 05:22 AM
Carol Lee
Dilbeck Real Estate - Oak Park, CA
Realtor - Agoura, Oak Park, Westlake CA Homes

I have seen this when it seemed justified.  The homeowner had to move to a single story, because of medical reasons.  They bought a single story, but couldn't sell their home for anything near what they paid for it because of market conditions.  The short sale of the two story was approved due to medical hardship, and the property closed.

But you are correct, a lot of people just abuse the system.

Feb 20, 2011 08:26 AM
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

Hmmm....short sale should be based on a financial hardship....can't see how this would work...certainly would only be more contribution to a country with a housing crisis.

Feb 20, 2011 11:39 PM
Farooq Khan
5 Star Realty Partners - Newark, CA
Real Estate Broker/Owner - CDPE

Bi Patricia, There is a Bail and buy programme with Wells Fargo bank. You should check that out. So if you cannot  afford a Mortgage for $700K home you may afford a $300K home. You may like to check into this programme if its there then it should be legal.

Feb 24, 2011 03:35 AM